In this regard, China Consumers Association expressed the following views:

First, only providing "scanning code to order food" is suspected of over-collecting consumer personal information.

Article 111 of the Civil Code: "The personal information of natural persons is protected by law. Any organization or individual who needs to obtain other people's personal information shall obtain and guarantee information security according to law ... "

Article 29 of the Law on the Protection of Consumers' Rights and Interests stipulates: "When collecting and using consumers' personal information, operators shall follow the principles of legality, justness and necessity, clearly state the purpose, manner and scope of collecting and using information, and obtain the consent of consumers. ……"

When eating in a restaurant, consumers do not need to provide information unrelated to food consumption, such as mobile phone number, birthday, name, geographical location and address book.

Some restaurants no longer provide manual ordering, requiring on-site dining consumers to pay attention to the official WeChat account or applet first, and then scan the code to order food, so as to obtain consumers' personal information, which not only violates the legal, proper and necessary principle of collecting and using personal information, but also is suspected of over-collecting consumers' personal information. Moreover, if it is not properly kept, the personal information of consumers may be leaked and lost.

Second, only providing "scanning code to order food" violates consumers' fair trade rights.

According to the first paragraph of Article 10 of the Consumer Protection Law, "consumers have the right to fair trade."

Paragraph 2 of Article 16 stipulates, "When providing commodities or services to consumers, business operators shall abide by social ethics, be honest and trustworthy, and protect the legitimate rights and interests of consumers; Unfair and unreasonable trading conditions shall not be set, and trading shall not be forced.

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Restaurant operators do not provide manual ordering service, but only scan the code to order food, which not only violates business practices, but also makes consumers who eat on the spot only pay attention to or bind the official WeChat account or applet of the operator and passively authorize the operator to obtain their personal information.

This practice infringes on consumers' fair trading rights, and by setting unfair and unreasonable trading conditions, it is a compulsory trading behavior for consumers who dine on the spot.

Third, not providing on-site menus is detrimental to consumers' right to know.

The first paragraph of Article 8 of the Consumer Protection Law stipulates that "consumers have the right to know the true situation of the goods they buy or use or the services they receive."

Consumers report that some restaurants only provide scanning code to order food, but at the same time they do not provide intuitive on-site menus and food prices to on-site diners. Consumers can only see the specific menu and know the price of the dishes after scanning the code to pay attention to the restaurant.

Menu is an important reference for consumers to make decisions, which is directly related to whether to accept catering services. Restaurants should provide intuitive on-site menus so that consumers can understand the dishes and prices and decide whether to eat.

The practice of not providing live menu and scanning code before browsing dishes and prices violates consumers' right to know.

Fourth, the application of new technologies should not be an obstacle to the consumption of special consumer groups.

Due to the complicated operation of smart phones, scanning codes for ordering food is not universal.

Old people and minors often need the help of others to complete the process of scanning code and ordering food.